Legislative Updates: A Weekly Roundup of Federal, State, and Local Actions

Your Chamber advocacy team is working to share legislative updates and continue to advocate for your business in Washington, D.C., Harrisburg, and Philadelphia. We’ve created a round-up of recent activity including Key Takeaways for Your Business and a Detailed Legislative Update. This represents our best knowledge of the situation as of 1:00 p.m. on Thursday, October 22, 2020.

Chamber members are invited to join weekly legislative update calls hosted by our Advocacy team to hear the latest on COVID-19 relief and recovery efforts at the federal, state, and local level as well as other legislative matters concerning our community.

To learn more about how our region is preparing for recovery, visit our Recharge & Recover PHL Information Hub:

• Senators returned to Washington, D.C. this week to vote on two separate measures proposed by Republicans for additional COVID-19 economic assistance.

• Both bills were blocked by the Democrats saying that it was nothing more than political cover from Congress’ inability to pass another comprehensive economic rescue package.

• These standalone measures, proposing funding for initiatives such as the Paycheck Protection Program (PPP), liability protection, and unemployment assistance, represent Senate Republicans’ response to the House Democrats’ proposed comprehensive relief package.

• The Senate Judiciary Committee is expected to vote today on Amy Coney Barrett’s confirmation to the Supreme Court which will likely bring her nomination to the Senate floor on Monday.

• Speaker Pelosi and Treasury Secretary Mnuchin continue to come closer to an agreement on a broader relief package but, with only 12 days to go before the election, it is close to impossible that an agreement can be enacted in less than two weeks.

• The U.S. Supreme Court ruled it will allow Pennsylvania to count mailed-in ballots received up to three days after the November 3 election.

• The Pennsylvania House of Representatives narrowly failed to override Governor Wolf’s veto of a bill that would have loosened pandemic-related capacity restrictions for restaurants.

• Republicans and the Wolf Administration have failed to come to an agreement about legislation that would authorize counties to process mail-in ballots before Election Day.

• The state House of Representatives passed legislation that would provide protections for renters and homeowners impacted by the COVID-19 pandemic through amendments to the Mortgage and Rental Assistance Program, which is funded by the federal CARES Act. In a surprise move, the legislation was rejected by the Senate late last night.

• The Chamber will host a virtual event with State Senator Ryan Aument on November 4. Read the full weekly update to learn more and register.

• Confirmed COVID-19 cases in Philadelphia have exceeded 40,900 with over 1,850 deaths.

• Mayor Kenney announced the appointment of Tumar Alexander to be the City’s Managing Director effective immediately. Alexander has been serving as Acting Managing Director since September 5, 2020. 

• The Mayor also announced the restructuring of several departments and offices within the Managing Director’s Office to realign and advance issues of police reform, violence reduction, racial equity, education, and inclusive economic recovery.   

• Mayor Kenney announced that the Commissioner of the Department of Licenses and Inspections (L&I), David Perri, has retired from City government after 39 years of service. L&I Deputy Commissioner Ralph DiPietro has been named as Acting Commissioner.

• The City announced an expansion to the Department of Commerce’s existing commercial corridor cleaning efforts from 49 commercial corridors to 85 throughout the city.

• At this morning’s session of City Council new bills and resolutions were introduced including those to add clarifying definitions for qualifications related to eligibility to receive the tax abatement, provide relief for restaurants operating on leased properties.

• Earlier this week Mayor Kenney vetoed a bill modifying the Society Hill Overlay district to establish height limits for any structure in the area of land designated within the bill. At the latest session of Council, a vote was held to override the Mayor’s veto, upholding the ordinance with a vote of 13-4. 

• Bills were reported from committee to authorize the continuation of the Mayfair BID, add certain disclosure requirements for zoning applications and permits, clarify procedures related to the Fair Housing Commission, and prohibit unlawful discrimination based on hairstyle.

• Legislation to extend the temporary moratorium on evictions, the temporary waiver of late fees/penalties associated with late payment of rent, and the temporary agreement authorizing rental payment plans for tenants during the COVID-19 emergency are currently being held in committee.

• The Committee on Housing, Neighborhood Development and The Homeless will hold a hearing on October 26 to hear testimony regarding a bill to further legislate the landlord-tenant relationship.

• The Committee on Public Health will hold a hearing on October 28 to assess efforts to prevent and treat abuse, addiction, and disease related to the use of opioids and to assess the City’s response to the 2020 Restorative Investment Plan for Kensington Residents.

• The Chamber will host a virtual event with Councilmember Curtis Jones, Jr. on November 17. Read the full weekly update to learn more and register.

Democrats Block Standalone Relief Proposals

Senators returned to Washington, D.C. this week to vote on two separate measures proposed by Republicans for additional COVID-19 economic assistance.

On Tuesday, Democrats blocked a standalone proposal that would have provided additional funding for a second round of lending for hard-hit businesses under the Paycheck Protection Program (PPP). The additional funding to the program has overwhelming bipartisan support, but Democrats insist that it become part of a more comprehensive emergency spending package. Senate Republicans meanwhile have criticized the “all-or-nothing” approach, claiming that Congress should pass badly needed standalone bipartisan measures immediately as continuing negotiations on a comprehensive package extend now beyond three months.

Yesterday, the Senate voted on a larger bill that would provide additional unemployment assistance, liability protections, assistance to education and health care, funding for testing, tracing, and vaccine development, and new funding for the Paycheck Protection Program (PPP). For the same reasons as Tuesday’s vote, Democrats blocked the proposal from a floor vote saying that it was nothing more than political cover from Congress’ inability to pass another comprehensive economic rescue package.

With the time remaining this week, the Senate Judiciary Committee is expected to vote today on Amy Coney Barrett’s confirmation to the Supreme Court which will likely bring her nomination to the Senate floor on Monday.

White House and House Democrats Approach Alignment on Broad Relief Package

Meanwhile, House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin continue to come closer to an agreement on a broader relief package. Despite circling Tuesday as her ultimatum to reach an agreement on a proposal before the election, Speaker Pelosi later would signal progress and suggested that the deadline enabled both sides to see that a compromise could be reached. Speaker Pelosi has since called for House Committee Chairs to resolve differences about funding levels and language, a signal for optimism.

While it is very possible a deal between House Democrats and the White House can be reached in the coming days, its passage before the election remains extremely tenuous in the Senate. Although Senate Majority Leader Mitch McConnell has said he would bring a bill to the Senate floor if an agreement is reached, he did not say when. Meanwhile, it’s possible there will not be enough votes in the Senate to win passage. Multiple Republican Senators have said that the spending levels being discussed are too high for their comfort. With only 12 days to go before the election, it is close to impossible that an agreement can be struck, drafted, and passed out of both legislative chambers for the President’s signature before the election. After which, the dynamics, positioning, and incentive to compromise on a spending proposal will likely significantly change based on the election outcome.

Questions? Contact Anselm Sauter (asauter@chamberphl.com) for more information about federal legislative affairs.

U.S. Supreme Court Allows Ballots Three Days after Election

This week, the U.S. Supreme Court ruled it will allow Pennsylvania to count mailed-in ballots received up to three days after the November 3 election.

By a 4-4 vote, the Justices upheld a state Supreme Court ruling that required county election officials to receive and count mailed-in ballots that arrive up until November 6, even if they don’t have a clear postmark. Chief Justice John Roberts joined with the three liberal justices to reject Pennsylvania Republicans’ call for the court to block the state court ruling.

Republicans argued that it violates federal law that sets Election Day as the first Tuesday after the first Monday in November and that such a decision constitutionally belongs to lawmakers, not the courts.

Roughly 2.8 million mail-in ballots have been requested and approximately 900,000 returned. Democratic-registered voters are requesting mail ballots at a nearly 3-to-1 ratio over Republicans.

House Fails to Override Veto

On Tuesday, the Pennsylvania House of Representatives narrowly failed to override Governor Wolf’s veto of a bill that would have loosened pandemic-related capacity restrictions for restaurants.

HB 2513 would have allowed indoor restaurant seating to be a minimum of 50 percent capacity as long as social distancing is followed, eliminated the requirement that food must be purchased along with alcoholic beverages, and allowed for bar seating with social distancing or barriers.

Election Integrity Legislation Unlikely

Republicans and the Wolf Administration have failed to come to an agreement about legislation that would authorize counties to process mail-in ballots before Election Day.

After months of counties seeking a legislative fix, the House Republican majority said in a statement that they have no plans to change election laws that will affect the November 3 election.

Counties contend that waiting until Election Day to count the roughly 3 million mail-in ballots could require days to process to project a winner in the presidential contest.

Renters and Homeowners Legislation Approved By House, Rejected by Senate

This week, the state House of Representatives passed legislation, House Bill 2868, which would provide protections for renters and homeowners impacted by the COVID-19 pandemic. The bill would amend the Mortgage and Rental Assistance Program, which is funded by the federal Coronavirus Aid, Relief and Economic Security (CARES) Act.

The bill includes the following changes to the Mortgage and Rental Assistance Program:

• Eliminate the requirement that households be at least 30 days in arrears for eligibility.
• Extend the current application deadline through November 13, 2020.
• Remove the requirement that landlords and mortgagees waive their rights to remaining rent or mortgage obligation upon acceptance of CARES funding with the option to waive or participate in an alternative remedy.
• Landlords and tenants would be allowed to enter into repayment agreements.

To the surprise of many House Republicans, the Senate leadership decided it would not move the bill contending it was unnecessary in light of Governor Wolf’s recent actions.

The Mortgage and Rental Assistance Program was established in Act 24 of 2020 on May 29, 2020.

Upcoming State Advocacy Virtual Program

• November 4 – State Advocacy Update with Senator Ryan Aument »

Sen. Aument represents northern Lancaster County residents in Pennsylvania’s 36th Senatorial District. He was elected by his colleagues to serve as part of the Senate Republican leadership team as Caucus Secretary, where he is responsible for leading the Senate’s review process of nominations for a variety of different Cabinet positions, as well as numerous boards and commissions. Throughout his legislative career, Ryan has been a strong advocate for government transparency, innovation, and reform.

COVID-19 Case Data

On Wednesday, the Philadelphia Department of Public Health reported the total number of confirmed cases of COVID-19 in Philadelphia has reached 40,937. The number of residents who have succumbed to the virus in Philadelphia has reached 1,851. Of the total deaths, 905 (49%) were long-term care facility residents.

Mayor Announces Appointment of Tumar Alexander as Managing Director

Mayor Kenney announced today the appointment of Tumar Alexander to be the City’s Managing Director effective immediately. Alexander has been serving as Acting Managing Director since September 5, 2020. 

The Mayor also announced the restructuring of several departments and offices within the Managing Director’s Office (MDO). He added, “After a review of the MDO portfolio, we identified opportunities to realign our work in order to improve efficiency and advance our renewed priorities of police reform, violence reduction, racial equity, education, and inclusive economic recovery.”   

These changes include:

• Vanessa Garrett Harley, Deputy Managing Director for the Office of Criminal Justice and Violence Prevention, is being promoted to First Deputy Managing Director. In addition to her new responsibilities, she will retain oversight of two public safety departments—the Department Licenses and Inspections and the Department of Prisons.

• A new Office of Strategic Initiatives for Public Safety will soon be established to oversee the implementation of the strategic priorities of the Mayor and Managing Director that are carried out through the Office of Criminal Justice, Office of Violence Prevention, Office of Reentry Partnerships, and the Opioid Response Unit. The appointment of a Director to lead this new office is forthcoming. 

• Philadelphia Department of Parks and Recreation and the Free Library of Philadelphia, which are currently a part of the MDO, will transition to become a part of the Office of Children and Families under the leadership of Deputy Mayor Cynthia Figueroa. This strategic realignment places the City’s family, child, and youth-serving programming in one Office. 

Mayor Announces Retirement of David Perri, Commissioner of the Department of Licenses and Inspections

Mayor Kenney announced that the Commissioner of the Department of Licenses and Inspections (L&I), David Perri, has retired from City government after 39 years of service.

The Mayor has named L&I Deputy Commissioner Ralph DiPietro as Acting Commissioner. Melvin Carrasquillo, Director of L&I’s Code Enforcement Unit, will serve as Acting Deputy Commissioner.

Ralph DiPietro was appointed L&I Deputy Commissioner in 2014. Before joining L&I as an inspector in 1998, DiPietro worked in construction for several years. DiPietro became a District Supervisor and was later promoted to Chief of the Commercial Fire Code Unit and Director of Operations. In 2006 DiPietro achieved Master Code Professional status, the highest level of certification awarded in the field of code enforcement. DiPietro received the 2018 Joan Markman Award for Integrity in recognition of his leadership as L&I’s Integrity Officer.

City Announces Launch of Expanded Commercial Corridor Cleaning Program

The City of Philadelphia launched the Philadelphia Taking Care of Business (PHL TCB) Clean Corridors Program, a $7 million economic development initiative that expands the Department of Commerce’s existing commercial corridor cleaning efforts from 49 commercial corridors to 85 throughout the city. The program funds community-based nonprofits to sweep sidewalks and remove litter along neighborhood commercial corridors. 

The PHL TCB Clean Corridors Program will help promote the economic success of neighborhood businesses by creating a more inviting environment for shoppers. It will also grow the capacity of local small businesses and organizations that provide cleaning services. The program offers contract opportunities for local minority- and women-owned businesses, as well as employment opportunities for Philadelphians.

The funding for the program was allocated by City Council in the City’s annual budget and spearheaded by Councilmember Cherelle Parker, who first proposed PHL TCB in September 2019.

A total of 39 organizations have been selected to participate in the PHL TCB Clean Corridors program, which is an increase from the 29 organizations involved in the Commerce Department’s cleaning program during the last fiscal year. The 39 organizations are contracted to clean 85 commercial corridors across Philadelphia, up from the 49 that the Commerce Department previously funded. Most organizations employ a three- or four-person crew of cleaning ambassadors who clean their neighborhood commercial corridor on a regular schedule of up to five times per week.

The Streets Department is supporting PHL TCB by providing dedicated crews that are able to assist PHL TCB organizations with the removal of bags of litter that is collected. Streets Department SWEEP officers also work to educate businesses about their responsibility to sweep their sidewalks and put trash out correctly.

More information about the program can be found at phila.gov/PHL-TCB.

City Council Session Recap

Introduction of Bills and Resolutions

• Councilmember Bobby Henon introduced a bill to add clarifying definitions for qualifications related to eligibility to receive the tax abatement.
• Councilmember Henon also has a bill to provide relief for restaurants operating on leased properties.
• Councilmember Allan Domb introduced a resolution honoring Licenses & Inspections Commissioner Dave Perri on his retirement and for his years of service to The City of Philadelphia.
• Earlier this week Mayor Kenney vetoed Bill 200094 (Squilla), modifying the Society Hill Overlay district. This proposal would establish height limits for any structure in the area of land designated within the bill. At the latest session of Council, a vote was held to override the Mayor’s veto, upholding the ordinance with a vote of 13-4. 

Reported from Committee

• Bill 200389 – Authorizes the continuation of the Mayfair BID
• Bill 200417 – Adding certain disclosure requirements for zoning applications and permits
• Bill 200159 – Clarifying procedures related to the Fair Housing Commission
• Bill 200252 – Prohibits unlawful discrimination based on hairstyle.

Held in Committee

• Bill 200414– Extends the temporary moratorium on evictions
• Bill 200420– Extends the temporary waiver of late fees/penalties associated with late payment of rent.
• Bill 200421– Extends the temporary agreement authorizing rental payment plans for tenants during the COVID-19 emergency

View the status of pending bills and resolutions »

View upcoming confirmed City Council meeting dates and agendas »

City Council Hearings

• Committee on Housing, Neighborhood Development and The Homeless

Monday, October 26, 2020 at 9:30 am

Bill 200381 – An ordinance requiring landlords give tenants notice of alternative ways to meet tenant obligations to make security deposits; and by providing for certain landlord and tenant responsibilities related to the payment of rent and security deposits.

• Committee on Public Health

Wednesday, October 28, 2020 at 1:00 pm

Resolution 200403 – Authorizing the Committee on Public Health and Human Services to continue to hold hearings to assess the City of Philadelphia’s efforts, as coordinated by the Managing Director’s Office and human services departments, to prevent and treat abuse, addiction, and disease related to the use of opioids; and to assess the City’s response to the 2020 Restorative Investment Plan for Kensington Residents.

City Council hearings are held in a remote manner using Microsoft Teams. This remote hearing may be viewed on Xfinity Channel 64, Fios Channel 40 or phlcouncil.com/watch.

Upcoming City Hall Connectors Virtual Programs

• November 17 – City Hall Connectors: Councilmember Curtis Jones, Jr. »

Councilmember Jones, 4th District & Majority Whip, will discuss City Council’s role in managing ongoing efforts to mitigate the COVID-19 pandemic and energize business recovery. Learn how Philadelphia’s business community can work with members of Council to help position the City towards meaningful recovery.

Sponsorship opportunities are available for our Advocacy programs to fit a variety of goals and budgets. Contact Tara Orio at  torio@chamberphl.com for more information.

The constantly changing nature of this public health crisis requires continued engagement with public policy developments. We invite you to reach out to our advocacy team directly with your questions: 

• Anselm Sauter, Federal Affairs – asauter@chamberphl.com 
• Liz Ferry, State Affairs – lferry@chamberphl.com 
• William Carter, Local Affairs – wcarter@chamberphl.com 

Chamber members are invited to join weekly legislative update calls hosted by our Advocacy team to hear the latest on COVID-19 relief and recovery efforts at the federal, state, and local level as well as other legislative matters concerning our community.

To learn more about how our region is preparing for recovery, visit our Recharge & Recover PHL Information Hub: